Terms of Service
This website is owned and operated by Brilliant Gifts LLC. This document governs your relationship with Brilliant ("Company") and http://www.brilliantbranded.com ("Website"). Access to and use of this Website and the products and services provided by Brilliant (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service" or "Terms"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Data Processing Agreement
Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service and can be found at http://brilliantbranded.com/pages/dpa.
Terms of Sale
In order to contract with Company, you must be over 18 years of age. You represent and warrant that all details you provide to us are true and accurate and that you are an authorized signatory for the company you represent.
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If your order is canceled and you have already paid for the goods, you will receive a full refund.
Shipping costs will be charged in addition to the cost of the products and services you order; such additional charges are clearly displayed where applicable and included in the 'Total Cost' unless otherwise noted or described.
By "Approving" an order on our site, you are entering into a contractual agreement with Brilliant to purchase custom goods at the agreed upon price, under these Terms of Service and the terms specified when you approve the order.
You agree and understand that, after approved by you, your contract cannot be canceled. Brilliant will source products, and often customize them, for you based on our mutual understanding of your requirements and our capabilities.
You represent and warrant that you or your company will remit payment to Brilliant by the payment due date listed on your invoice using one of our acceptable payment methods. If your company fails to remit payment by the payment due date, you agree to be personally responsible for all charges approved or agreed to by you.
For all late payments, you agree to pay finance charges of 1.5% each month or the maximum amount allowable by law.
Samples You acknowledge and agree that the only way to assess product color, quality and other physical specifics is to review a physical sample in person. We encourage you to order samples before approving any orders to confirm the products contained therein will meet your needs. If you choose not to order samples, it is at your own risk.
Ownership and Risk of Loss
Ownership for the items in your order passes to you upon transfer to the shipping carrier (e.g., UPS, FedEx, Golden State Overnight, courier) by Brilliant or our affiliates or partners.
Time-sensitive Orders and Delivery Times
Brilliant will make reasonable efforts to ensure that your order is transferred to the shipping carrier appropriately so that it can be delivered to your location on time. Both parties agree that Brilliant is not responsible for delivery delays caused by the shipping carrier once your order has been transferred to that carrier, as such delays are completely outside of our control.
Concerns and Complaints
We try to resolve disputes when they first arise, so please let us know right away if you have any complaints or comments. Our email is firstname.lastname@example.org.
After receiving any items purchased from Brilliant, please inspect everything immediately and let us know if you have any concerns or issues. At a minimum, you must let us know of any problems within 2 weeks of shipment receipt. Please be prepared to provide photos and return items if needed to assist with resolving your issue.
User Supplied Content
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Brilliant and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Brilliant's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Brilliant, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, (iii) electronic mail or (iv) if notice is given by Brilliant, by a posting on the main page of the Website. If you give notice to Brilliant, you must use the following address: Brilliant Gifts LLC, 456 Montgomery, Suite 750, San Francisco, CA 94104. If Brilliant provides notice to you, Brilliant will use the contact information provided by you to Brilliant. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
Brilliant shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Brilliant provides the Website and the Services on an “as is” and “as available” basis. We do not represent or warrant that the Website or Services will be free of inaccuracies or errors, will meet your requirements or will be uninterrupted. We make no warranties other than those expressly made in this Agreement, and hereby disclaim any and all other warranties whether express, implied, statutory or otherwise, including without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
Brilliant will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of Services or Website, based on any cause of action, even if advised of the possibility of such damages.
In no event will the liability of Brilliant in connection with this Agreement, the Website and the Services exceed the amounts paid by you to Brilliant during the six months immediately preceding the acts giving rise to such liability.
Any and all disputes arising out of, relating to or connected with these Terms or your use of any part of the Services or the Website will be exclusively resolved in small claims court in San Rafael, California, if the claim meets the requirements for resolution therein, or, if it exceeds the threshold for small claims court, under confidential binding arbitration held in San Francisco, California before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Delaware law (without regard for conflicts of law principles). If the dispute is taken to arbitration, the arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in the City and County of San Francisco, California. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and California State courts in the City and County of San Francisco.
These Terms, and any other Agreement incorporated by reference in these Terms shall be governed by laws of the State of Delaware, without regard to its conflicts of laws principals.
The Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms cannot be assignable or transferable by you without the prior written consent of Brilliant.
No Partnership or Joint Venture
You and Brilliant are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
Brilliant reserves the right to add, delete and/or modify any of the terms and conditions contained in this Terms, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. For certain changes to the Terms, Brilliant, may at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, your may discontinue the use of our Website and Services. Your continued use of the Website following the posting of a change notice or new Terms on the Web Site will constitute affirmative and binding acceptance by you of the changes.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Brilliant. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Brilliant.